Terms of service

1. General
(a) The Madeleine McKinlay Art website and online store, located at www.madeleinemckinlay.com (Website), is owned, controlled and operated by the business known as ‘Madeleine McKinlay Art’ ABN 23 137 885 305 (Madeleine McKinlay, we, our or us).
(b) As a condition of using and purchasing from the Website, you agree to the following terms and conditions (Terms) and our Privacy Policy (see: www.madeleinemckinlay.com/policies/privacy-policy) (Privacy Policy) and agree to be legally bound by the Terms and Privacy Policy.
(c) If you do not agree to the Terms and the Privacy Policy, you should immediately stop using the Website.
(d) We have the right to vary the Terms at any time and without notice to you. You agree it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and purchase from the Website you agree to be governed by the Terms as varied from time to time.

2. Purpose of Website
The purpose of the Website is to:
(a) Provide details and information about Madeleine McKinlay Art;
(b) provide a blog and news on art industry topics;
(c) Promote the artworks (Artworks) of Madeleine McKinlay; and
(d) Provide an online gallery for the purchase of Artworks.

3. Ordering via the Online Store
(a) By placing an order via the Website (Order), you are offering to purchase the Artworks on, and subject to, the Terms. You agree that we have the right to accept or reject an Order for any reason at any time, and that all Orders are subject to availability of the Artwork.
(b) An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all previous correspondence in relation to your Order; verbal, written, graphic or otherwise. Any changes to the Order may only be made with our express approval.
(c) To purchase Artworks via the Website, you must have a valid credit or debit card issued by a bank acceptable to Us. We use Shopify, a third party payment processor, to process all payments and do not collect or store any credit or debit card details provided by you when making purchases via the Website. We are not responsible for any credit card fees or surcharges (including any currency conversion fees) that your bank may charge.
(d) Product prices are listed on the Website. Unless otherwise stated, all prices are in Australian Dollars and inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) where applicable.
(e) We reserve the right to change pricing at our discretion and without notice.

4. Shipping
(a) We ship within Australia and internationally. All purchases are shipped with suitable delivery partners determined by us from time to time within 10 business days of full payment in cleared funds being received by us under clause 2(c) (or within 20 business days if custom framing is selected in the Order). You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs are calculated according to your postcode and will be outlined at the checkout prior to payment.
(b) Delivery times within Australia will vary depending on your location. Please allow extra time for delivery during a sale or busy periods due to high volume orders and potential shipping delays during holiday periods.
(c) Any period or date given by us for the shipping and delivery of an Order is an estimate only. We take no responsibility for any Loss suffered by you where an Order is not delivered within an estimated time frame.
(d) To the fullest extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.

5. Risk
(a) Title in the Artwork for an Order will not pass to you until we receive payment for that Artwork (and any related costs for the Order) as cleared funds.
(b) The risk in the Artwork passes to you when the Artwork leaves the premises of Madeleine McKinlay for shipping.
(c) We will not be responsible for any occurrence that may happen following the shipping of an Order, including theft or damage during shipping or if an Artwork is delivered to an unattended address. Unless we agree to arrange insurance options for shipping, you should arrange insurance to cover theft or damage to your Artwork during shipping.
(d) It is your responsibility to inspect an Artwork on delivery.
(e) Due to the delicate nature of the Artworks, we do not accept returns for ‘change of mind’ unless we agree otherwise.
(f) Artworks age over time. Temperature, humidity, UV light, and other environmental factors contribute to this and can cause expansion and contraction in the materials or their supporting framework, as well as changes in the paint itself. This is a natural process and we do not provide refunds or accept returns due to an Artwork ageing.

6. Australian Consumer Law and Refund Policy
(a) Our goods come with ‘consumer guarantees’ set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms. Nothing in these Terms will override your rights as a ‘consumer’ under the Australian Consumer Law or otherwise at law.

7. User Accounts
(a) You may but are not required to set up a user account to use the Website. We may assign you a username and password and account information to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.
(b) It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.
(c) You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.

8. Personal Information
(a) We are committed to the transparent management of your personal information.
(b) So that we can fulfil your Order, we may need to collect certain personal information from you.
(c) We will take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

9. Limitation of Liability
(a) All material displayed on the Website is for informational purposes only.
(b) Subject always to clause 3(a) and your rights under the Australian Consumer Law, to the fullest extent permitted by law:
(i) your use of, and reliance on, this Website is entirely at your own risk;
(ii) Madeleine McKinlay does not make any representations, warranties or guarantees in relation to the supply of goods via the Website; and
(iii) Madeleine McKinlay disclaims all liability in connection with any Loss and damage arising out of or in connection with any use of, or reliance on, the Website.
(c) Subject to your rights under the Australian Consumer Law, to the fullest extent permitted by law we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Website or any Artworks purchased via the Website. For the avoidance of doubt, ‘consequential loss’ means special, incidental, indirect or consequential damages, loss of revenue, anticipating savings, profits, goodwill, reputation, interest or business.

10. Indemnity
You agree to indemnify and hold Madeleine McKinlay (and its officers, employees and other representatives) harmless from all Loss and any Claims suffered by you arising out of, due to, or in any way connected to your breach of the Terms.

11. Third Party Links
The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on the Website. You agree that we are not responsibility for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party websites, or that third party websites will be virus free.

12. Intellectual Property
(a) Madeleine McKinlay retains ownership of all rights (including copyright), title and interest in the Artworks and any related biographical material contained on the Website (Artist Materials).
(b) We are the exclusive owner of, or otherwise have a licence to use, all Artist Materials, images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for your personal, informational and non-commercial purposes only. All other uses are strictly prohibited and you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose.
(c) You agree that you may not, or permit any third party, to do or attempt to do anything relating to the Artwork that does not observe the moral rights (given meaning as set out in the Copyright Act 1968 (Cth)) (Moral Rights) of Madeleine McKinlay or in any way which otherwise infringes the Moral Rights of Madeleine McKinlay.

13. Laws
The Terms are governed by the laws of Queensland. You agree that the courts of Queensland or Federal Courts sitting in Queensland will exclusively adjudicate over any dispute in relation to the Terms.

14. Definitions
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis).